Immigration Issues/Filing I 485

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Question
Dear Sir,

Thanks for your volunteer work. Appreciate it greatly.

My husband got his I-140 approved this June on EB2 and our PD is current.  

We are thinking of filing our I-485, however, his H1b will be expiring on July 17 2008 and we are awaiting the extension approval.

Question:

1)  Should we wait for the H1b extension (7th year) approval prior to filing the I-485 or can we file it asap even while H1b extension is still pending ?

2) If my husband and I will be adjusting status, should each one of us submit a separate I-485 forms or just one I-485 form for both of us ?

3) How long is the approx processing time (Texas Service Center) for the EAD, and the approved I-485  ?

Thanking you in advance.  Have a great day.

Sincerely,

Inna

Answer
Inna,
Answers:
1) You can file the I-485 at any time. It is not required that the H be approved.
2) Yes each has to submit a seperate petition.
3) EAD takes around 1-3 months. I am not sure how the 485 takes you need to check the USCIS.gov website for processing times.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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